Darius Tyshawn Otey v. State of Arkansas ( 2024 )

Cite as 2024 Ark. App. 511ARKANSAS COURT OF APPEALS
DIVISION III
No. CR-23-815
Opinion Delivered October 23, 2024
DARIUS TYSHAWN OTEY
APPELLANT APPEAL FROM THE PULASKI
COUNTY CIRCUIT COURT,
SEVENTH DIVISION
V.
[NO. 60CR-22-2207]
STATE OF ARKANSAS HONORABLE KAREN D. WHATLEY,
APPELLEE JUDGE
REMANDED TO SETTLE AND
SUPPLEMENT THE RECORD
WENDY SCHOLTENS WOOD, Judge
Darius Otey appeals the sentencing order of the Pulaski County Circuit Court
convicting him of first-degree battery and sentencing him to ten years’ imprisonment. On
appeal, Otey argues that the circuit court erred in failing to grant a directed verdict on the
basis of the State’s failure to negate his justification defense. We remand to settle and
supplement the record.
At the conclusion of Otey’s trial, the court read from the verdict forms handed by the
jury foreperson to the bailiff during both the guilt and sentencing phases. Arkansas Supreme
Court Rule 3-4(c)(2) states that when there is a jury trial, the verdict forms shall be inserted
into the record. See also Ross v. State, 2024 Ark. 70, at 1. Those forms, however, are not
included in the record of the proceedings. In addition, the written jury instructions are also
not included in the record. Therefore, we remand to settle and supplement the record with
the jury-verdict forms as well as the written jury instructions in accordance with Arkansas
Rule of Appellate Procedure–Civil 6(a), made applicable through Arkansas Rule of Appellate
Procedure–Criminal 4(a). Otey has thirty days from the date of this opinion to file a
supplemental record with this court.
Remanded to settle and supplement the record.
KLAPPENBACH and THYER, JJ., agree.
Jimmy C. Morris Jr., for appellant.
Tim Griffin, Att’y Gen., by: A. Evangeline Bacon, Ass’t Att’y Gen., for appellee.
2